From Malay Mail · · 1m 40s
When haze crosses borders, can the law follow?
Malaysia's environmental laws struggle to stop transboundary haze pollution.
In brief
Malaysia's environmental laws struggle to stop transboundary haze pollution. Malaysia's domestic environmental laws are strong but cannot address cross-border haze pollution due to territorial jurisdiction. Originally reported by Malay Mail.
Malaysia's environmental law paradox
Malaysia has strong domestic environmental laws but cannot stop haze pollution from outside its borders.
Constitutional right to clean air
Malaysia's federal constitution guarantees a right to live in a pollution-free environment through Article 5(1).
Landmark court precedent
The 1996 Court of Appeal case expanded 'life' to include pollution-free living conditions.
2024 court action
Johor Bahru High Court doubled fines for air pollution to RM80,000 per charge in 2024.
Human Rights Commission report
Malaysia's Human Rights Commission published a haze pollution report in 2024.
Environmental Quality Act 1974
Malaysia's Environmental Quality Act 1974 has been amended to increase penalties for environmental violations.
Penalties for open burning
Open burning fines range from RM25,000 to RM1 million with up to five years in prison.
Landowner liability
Landowners must prevent trespassers from starting fires on their property.
Sarawak's haze impact
Sarawak faces severe haze pollution with 80% of complaints from open burning.
Territorial jurisdiction problem
Malaysia's laws cannot stop haze from fires in Kalimantan, even if controlled by Malaysian companies.
2019 haze crisis
The 2019 haze crisis led to Malaysia studying transboundary pollution laws.
2020 legislative attempt
Malaysia proposed a Transboundary Haze Pollution Act in 2020 but shelved it after government change.
2023 government stance
By 2024, Malaysia said enforcing transboundary laws without bilateral agreements is impossible.
2024 legislative review
Malaysia reopened studies into transboundary legislation in September 2024.
The takeaway
Malaysia's domestic environmental laws are strong but cannot address cross-border haze pollution due to territorial jurisdiction.
